Allowed

Smt Davalgari Navaneetha v. The State of Telangana and 4 Others

Telangana HC15 Apr 2024WP/9136/2022

Case brief

AI extract

What is this about?

The High Court allowed the writ petition challenging the refusal to register a sale deed. The court held that the Notification in R.R. No.83 was merely a notice inviting objections and did not comply with the statutory requirements for prohibition under Section 22-A of the Registration Act, 1908, specifically failing to publish an official Gazette notification as required. Consequently, the restri

What did the court decide?

Writ petition allowed; registering authorities directed to receive and register the sale deed; conditions on further conveyance recalled.

Smt Davalgari Navaneetha Vs The State of Telangana and 4… — Land Acquisition | Telangana HC (2024)

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[3255 ]

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l i t I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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N/ONDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 9136 OF 2022

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Between:

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Smt Davalgari Navaneetha, W/o Davalgari Ganesh Reddy, Aged about 38 years, Occ. House wife, R/o H.No-4-41-164/4, Papireddy Nagar, Jagathgirigutta, Quthbullapur Village and Mandal, Medchal-Malkajgiri District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep- by its Principal Secretary, Revenue (Stamps and Registration), Secretariat, Hyderabad.

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2 The District Registrar, IVedchal-l\rlalkajgiri District.

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The Sub Registrar, Quthbullapur, I,4edchal-lValkajgiri District.

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4 The Collector, Arledchal-lValkajgiri District.

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5 The Tahasildar, Quthbullapur lvlandal, lr,4edchal-Malkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of tr4andamus declaring the inaction of the respondent No.3 in receiving, registering and releasing of the sale deed presented by the^petitioner in respect of the schedule property i.e., that house bearing No^39-100(PTIN No.115'1601331)with plint area 2OO sft., ACC., Admeasuring^{120.0 Sq.yards,} Covered under ward No. 4, and Block.39, in Survey No-^{348/1, situated at sanjay} Gandhi Nagar, Qutubullapur village, Qutubullapur^{lvlandal, underGHMCCircle,} Med cha l-l\4alka.jg iri District, on the^ground that^{the survey numbers wherethe} petitioners property is situated is notified under as^{prohibited property} list under Section 22-A of Registration Act as^per the^{Gazette Notification RR No.83}

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communicated by Joint Collector, Ragna Reddy vide File No. E5/4730/Quthbullapur/Quthbullapu r dt.25.09.2013 and Deputy .Collector and Tahasildar, Quthbullapur lr/landal file No.B/583/2012 dt.1710212012 and 3 cazette Notification No.134, dated 10/03/2005 and G.O.lvls. No.292, Revenue (Registration. l), 09/03/2005 communicated by Commissioner and inspector General (R and S), Hyderabad vide Fite No.G1/4661/2005, Dt.O2lO712005; is illegal, arbitrary, in violation of Articles 14,21 and 300-A of Constitution of lndia and also in violatron of Regrstration Act, 1908, besides in violation of principles of Natural Justice and consequently direct the respondent No.3herein to receive, register sale deed presented by the petitioner in respect of the schedule property i.e house bearing No 39-100(PTIN No.1 151601331 )with plint area 200 sft., ACC., Admeasuring 120.0 Sq.yards, Covered under ward No. 4, and Block.39, in Survey No. 348/1, situated at sanjay Gandhi Nagar, Qutubullapur village, Qutubullapur l,4andal, under GHIVIC Circle, I/edchal-tr/alkajgiri District.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to receive, register and release the Sale Deed presented by the petitioner in respect of the schedule property i.e., house bearing No 39-100(PT1N No.1151601331 )with plint area 2OO sft., ACC., Admeasuring 120.0 Sq.yards, Covered under ward No. 4, and Block.3g. in Survey No.348i 1 , situated at sanjay Gandhi Nagar, eutubullapur village, Qutubullapur I,4andal, under GHMC Circle, IVedchal-tr/lalkajgiri District, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAYI

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Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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W.P. No.9136 of 2022

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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ORDER:

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This writ petition has been filed ch.riic:ngrng ihL, action of the Registering^{Authoritiesin refusing to register} the subjccl- documents based on the^{Gazetle NotificationR.R. No.83, dated 25.09.2013}

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The learned counsel for the petitioncr \(r,.lid sul-,lt:t t]ra1 the subject matter^{of this writ petitionis squarely coveredbv Lhe cornmonorder} dated 22.O3.2024^{passedin W.P. Nos.9645 of 2O2l and W.P.} No.26353 of 2023 by this Court.^{The learned counsel rvould} luithrrr^sutrrrrrt tlraL this Court, while^{grantinginterim order dated 28.O4.2021in W.P.No} 9645 of 2027 had stipulated a^{condition not} to^resort to furthcr^conveyancc of the subject property without^leaveof this Court and similarlv in W.l). No.26353 of 2023 this Court,^{while grantinginterimordi-'r datcrl). )..O9. )-()).3. lr:rd prohibited} the parties^{from proceedingwith further convo!'anceof} lhc^property except on obtaining^{required permission from this} Court.

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It is further submitted that in thc l)rcsonr rvril lrctirron this Court, while^{grantinginterim order dated} 2I^.O2.2022, h:rd dircctcd rhe l?egistering authorities^{to registerthe subject document} n,ith one of tirc conditions that the^{petitionersshall not resort to furthcr conv(yance} of^{thc subject property} without leave^of this^{Court.Subscqucnlll,,} ilr'^{pursu.rr ri} r'^,ri said interim order, the Registering^{authorities have rcgisteredthe subjecr clocuments} and as on today,^{on behalfof the responclenls/ I{egistering aulhr>rity} no counter has been fi lcd.

On thc othcr hand, the learned Assistant Government Pleader appearing for LIri' Stamps anrl ltegistration did not clispute the submissions made by the lc.rrned counsel lor the petitioner.

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Heard thc l<.arned counscl on either side and perused the material made availablc crr rcr:cird.

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At Lhis junclure, it is significant to note that the Division Bench of this Court vide its r:ommon order dated 79.1O.2023 passed in W.p. No.283OO of 2OO7 and batch hircl dcalt u,ith the validity of Section 22 A of the Act as incorporated irr rhe Registratron Act, 1908 and the Amended Act, 19 of 2OOZ with effect from 20.06.20O7 and had upheld the validity of the Section 22-A of the Acr.

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Having gor-rc through the naterial made available on the record and the submissions made by the learned counsel on either sicle, it is essential lrnll rrcccssern, lo cxccrpt Lhe relevant para Nos.23 to 32 of the common ordr:r il:riccl ).2 03.2024 passed in W.p. Nos.9645 of 202 1 and 26353 of 2023 by this Court, u,hich reads as under:

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"23. l't'on, a pcrusal oI the Notification in R.R. No.83, dated 25.O9.2O13, the sut-r1r'cl llr:ds werc notriied under Section 22-A (1)(a) for the purpose of Section .?1.) Ai1). It is cnl,' a notice given inviting objections and suggestions orr the above proposal from all persons who are likely to be affectcd thcreby lor being taken into consideration by the Government. The dctails ol thc properties mcntloned in the annexurc states that the sutl1cct l.ltr,1. e|c GoVernmcnl lands.

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Scctro| 22 A (1) (c) ol thc Act manifests that any documents or class of docunr(]Dts pertaining to the properties, the State Government may, by notificatiolr prohibit the rcgistration in r.vhich avorved or accrued interests I^*",., ^,^{ilrld Stalc(iovernrnents, Local Bodies, Educational, Cultural,}

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Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and lndirect Tax [.ar.vs and othcrs \.hich are Iikely to adversely affect these interesl

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Section 22-A (2) reads as undcr

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"(2) For the purpose of Clause (e) of sr,rb section (tj, rbe State Government shall publish a notification after obtaining rcasons lbr and full description of properties furnished b.' rhe Distrl( t Collectors concerned in the manner as may be prcscribcd "

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[t is pertinent to note that in the casc of Vinjamuri Rajagopala Chary (Supra) paras 156 had summarized and issued directions. As per the Clause (v) no notification is contemplated under sub secrion (2) of Section 22 A with respect to the properties falling under cl:rrrses (a) to (d) of sub-section (l) of Section 22 A. As per (ilarrse (viJ, ilrc l)roperties covered under clause (e) of Section 22 A shall bc notifitrl rn rltc official Gazette of the State Governments and shall be forwardecl, along !,ith the Iist of properties, and a copy of the relevant no[ification/,(;.rzetre. 10 the concerned registering authorities under the provistons ol l<c!{islratjon Act and shall also place the said notrfica tion / Gazcr rc on the !r( l)s,tr's oiboth the State Governments.

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The subject lands in these writ petitions as per thc Noliirr:ation in R.R.No.83 in File No.E5/4730/2Ol3l Quth bullapu r/ Qurh I'JU llapur, dated 25.O9.2O13, which according to the District Cotlector wcrc classified as Government lands and a NoLification !as issucrl r ailtng for objections/ suggestrons before placing lor prohii;itions Sccr;c,rr .,,1 A (t) (e) and (2) stipulates that if any land rs classificd and tkrrtrrnrned as Government land, the Government shal1 pllblish an otTicral Gazctte notification after obtaining reasons Ior and full description ol properties furnished by the District Collector concerned in thc rnanner as Jrr.cscribed. ln the case on hand, the respondents have nor liiliou,cd llr, p i]visions of Section 22-A(1)(e)(2) and the guidelines issuccl trl the FLrlt il(r,r'h in the case of Vinjamuri Rajagopala Chary (Supra) whorein aL para 156 held that the authorities are obliged to follow Ctause (vi) for thosc t)roperties covered under Clause (e) of Section 22-A of thc Act, ivhcrcb. such lands have to be notilied in the official cazctte of th. Starc. Th<: NoLification in R.R. No.83 dated 25.09.2013 commllnrcated bt th(.Joir.tt (.c,llccr-or, Ranga Reddy vide File No. E5 / 4730/ 2013 / Quthbull.(pur /eurhbr.rltapLrr, dated 25-09-2O13, Deputy Collector and Tahasildhar, euthbr-rllapur Mandal, F.ile

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No.B/58ili 2()12, dated 17.02.2012 and the Gazette Norification No.134, dared l0') I ti)Ori ar)d (t.() NIs.No.292, Revenue {Registratron_l), grh March 2O05 t or,tr:. ni(.atcd l)\ tlic Coltmrssioner and lnspector General (Revenuc .t.. Slamps), Ih deraberd vide File No.GI l466t l2005, dated 02.O7.2OO3 are not in accordance with the provisions of the Section 22_A (1) (e) and 22 (ll(2) an.l also as per Clause (vi) of the guidelines issued in the casc of Vinjamuri Rajagopala Chary (Supra) and the same cannot be the basis l'o r rienr ing lor rcgislration oI the subject properties.

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Furrlrer. thc-lahsildar vide File No.B/583/2012, dated 17.02.2O\2 had notificrl the particular property as the Government land and requested lhe Sub Rcgjstrar not to register any deed of conveyance. The District^(loLlcct(>r on 25.09.2013 had issued preliminary notihcation calling Ii)r ,,1)r( ('ti.)its a cj Lirc said notification was four.rd to be defective bv this Courl 'n V,/. t,. No. l!069 ot 2O14 dated 25.O8.2O14.

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It is also pcrtincnr to note that in the counter fited in W.p. No.26353 of 2023 prohibiting tra n sfcr/ registration that subsequent to the Notificallon lLr Ii Il No.3ll dated 25.09.2013 the ansq,ering respondents have noi ;r1,.' n arrY stcp:r ln rrotilyinEl in the official Gazettc of State Governmcni- r., lcrms of the guideline No.(vi) issued by the Full Bench in the case ol Vinjamuri Rajagopala Chary (Supra).

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As su( h, the Norifrcation in R.R.No.83 in Filc No.E5/473012013/ Quthbull;rpr-r Quthbulliipur, rlatcd 25.09.2013, is only a notice given for invitrng oir;r:;rons zinrl suggcstions and this cannot be the basis for refusal fcr rcqistration of thc subject properties. [n view of the same, Gazettc NoLjlication in Il.R. No.83, dated 25.O9.2013, communicated by the Joint Collector, Ranga Reddy vide File No.ES /a73O l2Ol3/ Quthbullapu^r/ Cajularana ram, datcd 25.09.20 1 3, 2) Deputy Collector & TahsilcliLr-^{()rrl.rbullaplrr} NIandal, Irilc No.lll5a3/2012, dated 17.02.2012 and thc tazettc Notrfication No. 134, dated 1O.03.2OOS and G.O.Ms. Nri.29.2, datcd 09.O3.2005 are not in consonance to the provisions of Section 22 ol t]nc Itegisrration Act, 1908 and 22 A(i)(e) and Clause (vi) ^ of the guidclines and thc sarne cannot be referred for the purpose of denying rltqlsiralion ol tllc subjecL propertics. Consequently, reference made vidc r1r l'jlc No. t.)5 / 4 730 / 20 1U / e uth bu[apur/ Gajularamaram, ard File No.l,lril l / 3Ol201.]i/Qurhbu[apur/euthbullapur, datecl 25.09.2013 and File No 11,.58312012 clated 17.O2.2012 of the Tahsildar, euthbullapur

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Mandal, are declared as illegal, arbitrary ancl bad in lalr,and arre hercby set aside.

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Accordingly, W.P. Nos.9645 o12021 and 2(r3:r3 oI 20llli a;.r' allowecl 31. This Court on 22.O9.2023, while direcLing the Rcgisronng authority to receive and process the document without reference to the lcrtcr dated 17.O2.2O12, and the Notification in R.R No.83 clared 25.09.2013, had directed the petitioner not to resort lo further conveyancc of thc subject property without leave of this Court. In this r(gard, it is m.rdc clear that since these writ petitions (W.P. Nos.9645 ol 2021 ar.rd 2(r353 <,1 ).O231 are allowed, the condition that was rmposed to lhc oilcct LhaL noL t(r resort to further conveyance of the sub.lect property is hereb-i recalled. The Registering Authorities are directed to make nccessary changcs rn [he records.

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It is made clear that mere rcgislralron (rl the doclirncr I !!ocs not confer title on the subject propcr-ty and it is alsc, mardc clear ihar t his order would not have any bearing on all thosc mattcrs \here Litlc,/nt<hts of the parties are pending before the authorities either in revision / i]ppcals for adjudication and in any other case this order iilso docs nor pleclude the parties in assertrng their rights belbre a ,.ontpetcnr (lor rr of law. There shall be no order as to costs. "

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Since the issues involved in this writ peliLion are similar ro those that have been consiclered by this Court in the co m mon ordor (l:r l .id 22 .O3 .2024 passed in W.P. Nos.9645 of 2O2l and 2a)3i):l of 2023 ancl lbr the reasons a1ike, this writ petition is allowed in terms of the common order dated 22.03.2024 passed in W.P. Nos.9645 ol 2O2) and 26353 ol 2023 by this Court.

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It is made clear that in the present writ pctrtior.r this Court, I I^{while granting} the interim order dated 21.O2.202'2, thc contlition stipulated to the extent of not to resort to fur[ht:r convcyancc ol tiri: subject property without leave of this Court rs hercby rcc:rllcd and c()nscquently, the

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Registering a LL rhorities arc .lirected to make necessary changes in the

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records. Therc shall bc no orclcr as Lo costs

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As a se qLrcJ, mjsceljancous applications, if any pending, shall stand

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closed

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SD/. P. PADMANABHA REDOY ttrRUE coPYtt^{ASSlsrANrtaKlo}

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